Private Investment in Public Equity - Regulation

Regulation

The regulatory environment in certain countries, including the U.S., Australia, Canada, and the United Kingdom are accommodating for PIPE transactions, however in certain areas there are stated preferences for rights issues, which allow existing shareholders an opportunity to invest before the company seeks outside capital. In these jurisdictions, once a company has completed a rights offering, it may pursue a PIPE transaction.

Though legal regulations are "accommodating" to PIPE transactions (i.e., legal), it is widely perceived that such transactions are an option of last resort for failing firms and a means by which unscrupulous investors may profit at the expense of common stockholders.

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